By: Barrientos, Gallegos S.B. No. 1621
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to discrimination against tenants of federally subsidized
1-3 or assisted housing converted to market rate housing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 15, Property Code, is amended by adding
1-6 Chapter 302 to read as follows:
1-7 CHAPTER 302. DISCRIMINATION AGAINST TENANTS
1-8 OF CERTAIN FEDERALLY SUBSIDIZED OR ASSISTED HOUSING
1-9 Sec. 302.001. DEFINITIONS. In this chapter:
1-10 (1) "Housing conversion" means:
1-11 (A) prepayment of a mortgage by an owner of a
1-12 subsidized or assisted development; or
1-13 (B) nonrenewal of an expiring Section 8
1-14 project-based or rent supplement project-based contract by an owner
1-15 of a subsidized or assisted development.
1-16 (2) "Subsidized or assisted development" means a
1-17 multifamily housing development subsidized or assisted by the
1-18 United States Department of Housing and Urban Development under
1-19 Section 8, United States Housing Act of 1937 (42 U.S.C. Section
1-20 1437f).
1-21 Sec. 302.002. PROHIBITED DISCRIMINATION AGAINST TENANT OF
1-22 SUBSIDIZED OR ASSISTED DEVELOPMENT. An owner of a subsidized or
1-23 assisted development in which a housing conversion has occurred or
1-24 the owner's agent may not without good cause refuse or fail to
1-25 enter into a lease agreement with a tenant of the development under
2-1 the Section 8 Housing Choice Voucher Program for any reason related
2-2 to the tenant's participation in the program.
2-3 Sec. 302.003. CIVIL ACTION. A tenant of a subsidized or
2-4 assisted development in which a housing conversion has occurred may
2-5 bring a civil action against an owner of the development if the
2-6 owner or the owner's agent without good cause refuses or fails to
2-7 enter into a lease agreement with the tenant as described by
2-8 Section 302.002.
2-9 Sec. 302.004. RELIEF GRANTED. (a) If in an action brought
2-10 under Section 302.003 the court finds that an owner of a subsidized
2-11 or assisted development in which a housing conversion has occurred
2-12 or the owner's agent without good cause has refused or failed to
2-13 enter into a lease agreement with a tenant as described by Section
2-14 302.002, the court shall award to the tenant:
2-15 (1) actual damages;
2-16 (2) attorney's fees, court costs, and any other
2-17 reasonable costs incurred in bringing the action; and
2-18 (3) any appropriate injunctive relief, including
2-19 prohibiting the owner or the owner's agent from engaging in
2-20 discrimination as described by this chapter or ordering appropriate
2-21 affirmative action.
2-22 (b) The court may award a civil penalty of $100 plus three
2-23 times the tenant's fair market monthly rent if the court makes the
2-24 finding described by Subsection (a) and an additional finding that:
2-25 (1) the tenant, before bringing the action, gave the
2-26 owner or the owner's agent a written demand that the owner or the
3-1 owner's agent enter into a lease agreement with the tenant under
3-2 the Section 8 Housing Choice Voucher Program; and
3-3 (2) the owner or the owner's agent without good cause
3-4 refused or failed to enter into the lease agreement before the
3-5 expiration of the 10th day after the date of receipt of the
3-6 tenant's demand.
3-7 Sec. 302.005. DEFENSE TO FORCIBLE DETAINER ACTION. It is a
3-8 defense to a forcible detainer action under Chapter 24 that the
3-9 underlying basis of the claim for possession, in whole or in part,
3-10 is the refusal or failure of the owner of a subsidized or assisted
3-11 development in which a housing conversion has occurred or the
3-12 owner's agent to enter into a lease agreement with the defendant as
3-13 described by Section 302.002, absent good cause for the refusal or
3-14 failure.
3-15 Sec. 302.006. BURDEN ON OWNER OF DEVELOPMENT. The owner has
3-16 the burden of pleading and proving good cause to refuse or fail to
3-17 enter into a lease agreement with the tenant as described by
3-18 Section 302.002.
3-19 SECTION 2. This Act takes effect September 1, 2001.